HTA section 79. (1) - Motor vehicle equipped with or carrying a speed measuring warning device
tdrive2
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by: tdrive2 on

Bookm just give your kids some of that beef jerky and put the pedal to the metal!!! :twisted:

Off_Camber
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by: Off_Camber on

ticketcombat wrote:Bear, what happens to all those seized detectors?

GOOD QUESTION.


i actually saw a cop turn it into rice crispies under his boot and let the guy off with a warning. :D

Off_Camber
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by: Off_Camber on

heres the scenario.

Hwy Bear: you pull me over on the suspicion of having a radar detector. before you pull me over i stuff it in my pocket


you walk up and want to search my vehicle.

technically, you cant search me unless you arrest me.

so now we go to court and my defense is---prove that the signal wasnt wasnt bouncing around the upper stratosphere or the Ozone layer whichever.


IM JUST SAYING!!!..... :roll:

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Reflections
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by: Reflections on

Off_Camber wrote:heres the scenario.

Hwy Bear: you pull me over on the suspicion of having a radar detector. before you pull me over i stuff it in my pocket


you walk up and want to search my vehicle.

technically, you cant search me unless you arrest me.

so now we go to court and my defense is---prove that the signal wasn't bouncing around the upper stratosphere or the Ozone layer whichever.


IM JUST SAYING!!!..... :roll:


Somewhere they were trying out E-search warrants. So, you could get one of those without being arrested.

http://www.OHTA.ca OR http://www.OntarioTrafficAct.com
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Reflections
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by: Reflections on

Bookm wrote:Huh? Whats an E-search warrant?

Sorry, :oops: E-warrant......haven't seen one.............

http://www.OHTA.ca OR http://www.OntarioTrafficAct.com
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Bookm
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by: Bookm on

Reflections wrote:
Bookm wrote:Huh? Whats an E-search warrant?

Sorry, :oops: E-warrant......haven't seen one.............


Ooooo... K!

So what's an "E-warrant" then?

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by: Off_Camber on

that the one where the police have you pulled over roadside @ 2am and wakes a judge up to Email him a warant to his blackberry? :roll: :lol:

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Radar Identified
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by: Radar Identified on

Off_Camber wrote:before you pull me over i stuff it in my pocket


According to two friends I have with the Ottawa Police...

"You cannot search the person to find the instrument." Exactly as you said.


They can't search you personally but they can search the car. So if you stuff the detector down your shirt, well, you might be home free... not that I'm advocating that kind of stuff...


Unless they find it, I really don't think they can charge you with anything.

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Bookm
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by: Bookm on

The case law I have read describes illegal searches of the person that has not given consent to the search AND has not admitted to, nor denied, the possession of the RD. You are not required to answer questions asked by the officer. You have every right to keep your mouth shut and NOT provide evidence against yourself.

Off_Camber
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by: Off_Camber on

Radar Identified wrote:
Off_Camber wrote:before you pull me over i stuff it in my pocket


According to two friends I have with the Ottawa Police...

"You cannot search the person to find the instrument." Exactly as you said.


They can't search you personally but they can search the car. So if you stuff the detector down your shirt, well, you might be home free... not that I'm advocating that kind of stuff...


Unless they find it, I really don't think they can charge you with anything.


Case Closed

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hwybear
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by: hwybear on

yes can still be charged....go back to start of this thread.....as someone resurrected this old post :roll:

Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca
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